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Residential Tenancies Branch
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Section 3 |
Privacy |
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Sub-Section 3.4 |
Showing Rental Units for Sale |
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Legislation |
s. 54,
The Residential Tenancies Act
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Definitions |
Listing agent: the person or company that the
landlord hires to sell the rental unit.
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Policy |
Either the landlord or the listing agent must
give the tenant written notice to enter the rental unit, to show the
unit, when it’s for sale.
The notice must include the reason for entering
and the date and time of the showing.
The tenant must get notice not less than 24
hours and not more than two weeks before the time of the showing.
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The tenant has the right to object to the day or
time for the showing, if it’s not convenient. However, the tenant
must suggest a reasonable alternate day, or time, when the unit can
be shown.
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A landlord or listing agent may hold an open
house in a rental unit. The tenant must also receive proper notice
of an open house.
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If more than one agent wants to show the unit,
arrangements are usually made through the landlord or the listing
agent. The landlord or listing agent doesn’t have to be present when
another agent is showing the unit.
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If a landlord takes pictures of the inside of a
tenant’s rental unit, for display purposes, the pictures must not
show the tenant’s more portable personal belongings, unless the
tenant gives permission. For example, television, stereo, VCR,
microwave, etc.
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When a tenant knows a landlord or their agent
plans to enter the rental unit to show it to prospective purchasers,
the tenant should take reasonable steps to prevent loss of their
personal belongings.
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Procedure |
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Overview |
An officer receives a complaint from a landlord
or tenant about entering a rental unit. The officer contacts the
other person to discuss the complaint. The officer encourages the
landlord and tenant to agree on entry. If necessary, the officer
issues an Order.
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Steps |
When a tenant refuses to allow a landlord or real
estate agent access to a rental unit:
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An officer receives a complaint from a
landlord that a tenant is refusing to allow the landlord or
their agent to enter a rental unit. The officer ensures that the
landlord gave the tenant the required notice.
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The officer contacts the tenant to discuss the landlord’s
concerns. The officer explains the landlord’s rights to enter the
rental unit. The officer encourages the landlord and tenant to
agree on a time for the landlord or agent to enter the unit. If
the landlord and tenant agree, the officer may put the agreement
in writing.
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If the landlord and
tenant can’t agree on a time for entry, the officer may issue an
Order setting a time and date when the landlord is allowed to
enter the rental unit.
When a landlord or real estate agent enters a
rent unit without proper notice:
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An officer receives a complaint from a
tenant that their landlord or an agent has entered the rental
unit improperly. The officer asks the tenant for information on
the date and time of entry and how the tenant knows the landlord
or agent was in the unit. In some cases, the officer may ask the
tenant to make a written statement about their complaint.
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The officer contacts the landlord to discuss the tenant’s
concerns. The officer explains the landlord’s responsibility to
give notice before entering the rental unit. The officer cautions
the landlord about entering without proper notice. The officer may
send a letter confirming the information they gave to the
landlord.
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If the landlord or
agent enters the rental unit without proper notice again, the
officer may issue an Order not to enter the rental unit without
notice.
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If the landlord or
agent continues to enter, the officer may allow the tenant to end
the tenancy agreement and file a claim for compensation for moving
costs against the landlord.
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Forms & Form Letters
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X-Referencing
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Policy Developed
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September, 1992 |
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Last Revision |
March, 2004
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Other Resources |
Branch fact sheets:
Facts About Privacy
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note
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